By: Derek Hawkins//November 12, 2018//
7th Circuit Court of Appeals
Case Name: Francina Smith v. GC Services Limited Partnership
Case No.: 18-1361
Officials: EASTERBROOK, KANNE, and BRENNAN, Circuit Judges.
Focus: FDCPA Violation – Arbitration Agreement
Synchrony Bank hired GC Services Limited Partnership to collect a debt Francina Smith purportedly owed on her Sam’s Club credit card. In response, Smith sued GC Services for alleged violation of the Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. § 1601 et seq. Eight months later, GC Services notified Smith that she signed an arbitration agreement with Synchrony Bank when she obtained the credit card. GC Services demanded arbitration. Smith promptly refused. Another five months passed before GC Services filed a motion to compel arbitration. The district court denied the motion after holding that GC Services could not enforce the arbitration agreement on Synchrony Bank’s behalf and finding that GC Services waived any right to arbitration. Because of GC Services’ gratuitous delay in seeking arbitration, we affirm the district court’s decision.
Affirmed